Findings - CC - 2020 - A-02-19/RZ-05-19/CU-04-19/PPUD-03-19 & PP-05-19 - Decision & Order Of Denial / Whitehurst Subd BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF THE REQUEST
FOR RECONSIDERATION OF DECISION AND ORDER OF
APPROVAL OF A-02-19/RZ-05-19/CU- DENIAL
04-19/PPUD-03-19 AND PP-05-19—
WHITEHURST SUBDIVISION
FACTS
1. The City Council issued written Findings of Fact & Conclusions of Law ("FFCL")
approving Whitehurst Subdivision (A-02-19/RZ-05-19/CU-04-19/PPUD-03-19 AND PP-
05-19) on February 25, 2020
2. Site Specific Condition of Approval #22 states in pertinent part:
If within 30-days after City Council approval of the findings of fact and
conclusions of law associated with Whitehurst Subdivision, Madera
development has conveyed the necessary right-of-way for North Fisher Park
Way in a form acceptable to ACHD, then the ACHD-approved road
improvements described in the November 25, 2019, ACHD Project Report will
be realigned into the permanent alignment.
See pg. 20 of FFCL
3. That Site Specific Condition#22 was due in part to Madera Development Inc's request that
it be given time to complete a survey and obtain a partial release of the loan encumbrance
from the permanent alignment.
4. On March 10, 2020, Petitioner, Tom Ricks on behalf of Madera Development, Inc. filed
its Request for Reconsideration with the City of Eagle.
5. Madera Development Inc. requests that the City Council reconsider its decision based on
new information Madera received from its lender. Specifically, the letter requesting
reconsideration states, "My lender informed [sic] has me that it cannot provide a partial
release for the easements until the lender reviews the construction drawings for the road
and receives detail about utilities in the road and the 10-foot public utility easement." See
Reconsideration Letter pg. 3.
6. Based on this newly discovered information Madera requests a modification to Site
Specific Condition#22 to be written as follows:
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K-\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Whitehurst Sub rev reconsideration order.docx
T f 7,4+1-" 30 dCryc aftor City approval al of t—finckrzgo of foot. c d
oo:of ,'>j zo of bc. a;,cocia'„xl:with Whit.xVii. Subdivi :, The applicant shall
work with Madera development, the City and ACHD to has conveyed the
necessary right-of-way for the permanent alignment of North Fisher Park Way
in a form acceptable to ACHD, then so the ACHD-approved road
improvements described in the November 25, 2019,ACHD Project Report and
the sewer and water facilities depicted in the approved preliminary plat, and
sewer and water stubs to the Madera Development-owned property will be
realigned into the permanent alignment.
See Reconsideration Letter pg. 3.
7. The Request for Reconsideration was considered by the Eagle City Council on March 25,
2020 at a regularly scheduled city council meeting.
DECISION
Idaho Code provides that an applicant or aggrieved person,prior to seeking judicial review,
must first seek reconsideration of the final land use decision. I.C. § 67-6535. The written request
for reconsideration "must identify specific deficiencies in the decision for which reconsideration
is sought." I.C. § 67-6535(2)(b) (underlining and bolding added).
Similarly, Eagle City Code 8-7-4-5 requires that the affected person identify the specific
deficiency and adds an additional requirement that the affected person provide the legal basis for
relief.
Any affected person seeking judicial review shall first seek reconsideration of the final
decision within fourteen (14) calendar days. Such written request shall be provided to
the city clerk along with any such fee as adopted by resolution of the city council and
shall identify specific deficiencies in the decision for which reconsideration is sought
and the legal basis for relief
ECC 8-7-4-5(5).
In this matter, Madera's letter requesting reconsideration does not identify a deficiency
in the City Council's decision of February 25,2020 as required by law. The letter only provides
additional information that was not presented at the hearing which is insufficient to
demonstrate a deficiency in that decision. Based on the record before the City Council, the
Council voted unanimously to deny the Request for Reconsideration.
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Accordingly,
IT IS ORDERED that the Request for Reconsideration is hereby denied.
An affected person aggrieved by a final decision concerning matters identified in Idaho
Code Section 67-6521(l)(a) may within twenty-eight (28) days of this final decision seek
judicial review as provided by chapter 52, title 67, Idaho Code.
Dated this day of April, 2020.
CITY OF EAGLE
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